31977R1755
No L 191 / 74 Official Journal of the European Communities 30 . 7 . 77
COMMISSION REGULATION ( EEC) No 1755 / 77 of 29 July 1977 opening a new invitation to tender for the mobilization of round grain semi milled rice as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN it is advisable to take account of the monetary situa COMMUNITIES, tion as regards different offers ;
Whereas the award under the invitation to tender Having regard to the Treaty establishing the European Economic Community, must be made to the tenderer offering the best terms ;
Whereas, should force majeure make it impossible to Having regard to Council Regulation (EEC) No complete the operation in question within the time 1418/76 of 21 June 1976 on the common organiza limits specified , it must be made clear who is to bear tion of the market in rice ( ! ), the liability for any resulting costs ;
Having regard to Council Regulation (EEC) No Whereas provision should be made for security to be 2750/75 of 29 October 1975 laying down the condi given for the purpose of guaranteeing that the obliga tions for the mobilization of cereals as food aid (2), and tions arising by virtue of participation in the invita in particular Article 6 thereof, tion to tender for supplies to the International Committee of the Red Cross will be fulfilled ;
Whereas on 8 February 1977 the Council of the Euro Whereas the Italian intervention agency should be pean Communities declared that it proposed, by way made responsible for the tendering procedure ; of Community action, to grant the equivalent of 512 tonnes of husked rice (in other words, 422 tonnes of round grain semi-milled rice) to the International Whereas the Commission must be informed quickly Committee of the Red Cross under its 1976/ 77 food of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; aid programme ;
Whereas the Monetary Committee will be consulted ; Whereas pursuant to Article 3 (3) of Council Regula whereas, in view of the urgency, the measures envis tion (EEC) No 2750/75 the goods may be purchased aged should be adopted in accordance with the condi anywhere on the Community market ; tions laid down in Article 3 (2) of Council Regulation No 129 (4) on the value of the unit of account and the exchange rates to be applied for the purposes of the Whereas the invitation to tender opened in the Community under Commission Regulation ( EEC) No common agricultural policy, as last amended by Regu lation ( EEC) No 2543 /73 (5) and in particular Article 3 1316/77 of 20 June 1977 opening an invitation to tender for the mobilization of semi-milled round thereof ; grain rice as aid for the International Committee of the Red Cross (3) was not allocated ; whereas a new Whereas the measures provided for in this Regulation invitation to tender should therefore be opened ; are in accordance with the opinion of the Manage ment Committee for Cereals,
Whereas the proposed invitation to tender should be for supply of the products delivered Ashdod, that is at the moment when the goods are actually placed on HAS ADOPTED THIS REGULATION : the dock or in the lighter where applicable ;
Whereas in view of the different monetary circum Article 1 stances in the Member States, the observation of these conditions is not guaranteed by the application of exchange rates applicable in the framework of the 1 . Tenders are hereby invited for the supply to the common agricultural policy since monetary compensa International Committee of the Red Cross, by way of tory amounts do not apply in the rice sector ; whereas Community action , of 422 tonnes of round grain semi-milled rice . (!) OJ No L 166, 25 . 6 . 1976, p. 1 . (2 ) OJ No L 281 , 1 . 11 . 1975, p . 89 . (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 /62. (>) OJ No L 152, 21 . 6 . 1977, p . 5 . H OJ No L 263 , 19 . 9 . 1973 , p . 1 .
30 . 7 . 77 Official Journal of the European Communities No L 191 /75
2. The tendering procedure shall take place in Italy Article 4 in one lot. The product shall be mobilized on the Community market. The product shall be loaded for The contract shall be awarded to the tenderer offering departure from any Community port . the best terms .
3 . The invitation to tender provided for in para However, if the tenders submitted do not appear to graph 1 is for supply of products delivered Ashdod, correspond to normal market prices and costs, the that is at the moment when the goods are actually intervention agency may cancel the invitation to placed on the dock or in the lighter where applicable . tender.
4. The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks lined with Article 5 cotton sacks of a net capacity of 50 kilograms. 1 . The successful tenderer shall give security of a On the sacks shall be printed a red cross, 15 cm by 15 value of 10 units of account per tonne ; the security is cm , as well as the following : intended to guarantee that the operations specified in Article 1 are duly completed. The security shall be 'Rice / Gift of the European Economic Community / Action of the International Committee of the Red forfeit if those operations are not carried out within Cross / For free distribution '. the prescribed time limit, save as regards quantities not delivered owing to force majeure. To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty 2. The security provided for in paragraph 1 may be sacks, of the same quality as those containing the given in the form of a cash deposit or of a guarantee goods but with the printing followed by a capital issued by a credit institution conforming to the letter ' R'. criteria laid down by the Member State .
Article2¶
1 . The decision on tenders received in response to 1 . The round grain semi-milled rice referred to in the invitation provided for in Article 1 shall be taken Article 1 to be supplied to the International on 22 August 1977 . Committee of the Red Cross must meet the following requirements : 2. The closing date for the submission of tenders shall be 22 August 1977 , at 12 noon . — moisture : 1 5 % , — broken rice : 5 % maximum , 3 . The notice of invitation to tender shall be — chalky grains ,: 5 % maximum, published in the Official Journal of the European — grains striated with red : 3 % maximum, Communities not less than nine days before the — spotted grains : 1-5% maximum, closing date for the submission of tenders. — stained grains : 1 % maximum, — yellow grains : 0-050 % maximum, Article 3 — amber grains : 0 20 % maximum .
1 . The prices offered must be expressed in the Rice not meeting these requirements shall be refused. currency of the Member State in which the invitation to tender was issued . 2. Tenders for supply to the International Committee of the Red Cross of the round grain semi 2. For the purpose of rendering the tenders compar milled rice referred to in Article 1 must relate to a able, the prices shall , where appropriate, be corrected product with the following characteristics : by the accession compensatory amount applicable on the closing date for submission of tenders to exports — moisture : 15% , from the Member State mentioned in the tender . — broken rice : 5 % maximum , — chalky grains : 5 % maximum , 3 . The rates used for converting into units of — grains striated with red : 3 % maximum, account those offers made in national currencies shall — spotted grains : 1*5% maximum , be : — stained grains : 1 % maximum , — the central rate in cases where the relevant — yellow grains : 0 050 % maximum, currency is held at any given moment within a — amber grains : 0 20 % maximum . band of 2-25 % , — in other cases the average spot exchange rate Article 7 during the period from Wednesday of one week to Tuesday of the following week and which immedi 1 . The Italian intervention agency shall be respon ately precedes the time limit for the submission of sible for the operations relating to the invitation to offers . tender provided for by this Regulation .
No L 191 / 76 Official Journal of the European Communities 30 . 7 . 77
2 . It shall forthwith communicate to the Commis (b) the date of the departure of the ships ; the sion the list of firms which have responded to the invi expected date of arrival of the products at their tation to tender, specifying the terms of each tender destination ; together with the name and business name of the (c) all possible contingencies which might occur successful tenderer . during transportation of the products . 3 . Where the customs export formalities for the The intervention agency shall transmit the informa mobilized product are completed in a Member State tion provided for to the Commission as soon as it is other than that in which the invitation to tender is received . issued, the intervention agency of the latter Member State shall be responsible for the operations following 5 . When the intervention agency responsible for tendering, including payment to the successful the operations relating to tendering is not the interven tenderer . tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 8 require . As regards this tender the intervention agency is auth Furthermore , the amount of the successful tender orized to make an initial payment of 80 % of the shall be paid after it has been converted using the value of the quantity given in the bill of lading, on average of the spot rates referred to in the second presentation of that document and subject to the subparagraph of Article 3 (3) to the tenderer in the taking of a security for an amount equal to the initial currency of the Member State in which the operations payment . relating to the tendering are completed . 4 . The intervention agency shall ask that the Article 9 tenderer specifies the following information : (a) after each shipment, a statement giving details of This Regulation shall enter into force on the day of its the quantities loaded , the quality of the products publication in the Official Journal of the European and their packaging ; Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 29 July 1977 . For the Commission
Finn GUNDELACH Vice-President